Duraipandian v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025
CORAM:
THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.20485 of 2025 Duraipandian ... Petitioner Vs.
1. The District Collector, Kanyakumari District, Nagercoil.
2. The Tahsildar, Kalkulam Taluk, Kanyakumari District.
3. The Surveyor, Taluk Office, Kalkulam Taluk, Kanyakumari District.
4. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents No.1 to 3 to survey the Petitioner's properties and fix boundary stones in respect of Survey No.312/10 to an extent of 6 cents, Survey No.312/20 to an extent of 50 cents situated at Thuckalay Village, Kalkulam Taluk, 1/6
Kanyakumari District, under the supervision of the 4th Respondent for surveying the land, based on the Petitioner's representation dated 23.06.2025.
For Petitioner : Mr.P.Krishnasamy For R1 to R3 : Mr.M.Gangatharan Additional Government Pleader For R4 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)
ORDER
The writ petition is filed seeking direction to the 4th respondent to survey the property situated in Survey No.312/10 and Survey No.312/20 at at Thuckalay Village, Kalkulam Taluk, Kanyakumari District by considering the representation of the petitioner dated 23.06.2025.
2. Heard the learned counsel appearing for the petitioner and Mr.M.Gangatharan, learned Additional Government Pleader who takes notice for the respondents 1 to 3 and Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side) who takes notice for the 4th respondent.
3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself. 2/6
4. According to the petitioner, the subject property originally belonged to his father Achimuthu. He executed a 'Will' on 27.04.2011 bequeathing the subject property in favour of the petitioner and his brothers namely Pauldurai and Jeyapaul. The revenue document of the subject property stands in the name of the petitioner and his brothers in Patta No.376. It is also stated by the petitioner that the petitioner's brother namely Pauldurai leaving behind three children died and another brother namely Jeyapaul died without issues.
5. In such circumstances, the petitioner submitted an instant application on 23.06.2025, seeking survey of the subject property and the same has not been considered. Hence, the petitioner is before this Court.
6. The learned Additional Government Pleader who takes notice for the respondents 1 to 3 would submit that the petitioner failed to submit appropriate online application and hence, the same has not been considered.
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7. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to submit an acknowledgment for having submitted an online application before the 2nd respondent within a period of two (2) weeks from the date of receipt of a copy of this order. On production of acknowledgment, the respondents 2 and 3 shall consider the application of the petitioner and pass final orders on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and the legal heirs of the petitioner's siblings who are the co-pattadhars in Patta.No.376.
8. The writ petition is disposed of with the above observations and directions. No costs.
28.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6
To
1. The District Collector, Kanyakumari District, Nagercoil.
2. The Tahsildar, Kalkulam Taluk, Kanyakumari District.
3. The Surveyor, Taluk Office, Kalkulam Taluk, Kanyakumari District.
4. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.
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S.SOUNTHAR , J.
rgm W.P.(MD).No.20485 of 2025 28.07.2025 6/6